Shichienga v Comoco Sacco Society Limited (Tribunal Case 991/E1005 of 2022) [2025] KECPT 248 (KLR) (Civ) (29 April 2025) (Judgment)
Neutral citation:
[2025] KECPT 248 (KLR)
Republic of Kenya
Tribunal Case 991/E1005 of 2022
BM Kimemia, Chair, Janet Mwatsama, Vice Chair, B Sawe, F Lotuiya, P. Gichuki & M Chesikaw, Members
April 29, 2025
Between
Fredricjk Andati Shichienga
Claimant
and
Comoco Sacco Society Limited
Respondent
Judgment
Judgement Of The Tribunal
1.The matter for determination is a Statement of Claim dated 26th September 2022 in which the Claimant claims that he was a member of the Respondent and that he made savings. The Claimant avers that he claims Ksh. 278,389/- from the Respondent being total monthly share deposits and share capital deposits. The claimant therefore prays fora.Kshs.278,389/=b.Costs of this suit.c.Interest on (a) and (b) aboved.Any other order this court may deem apt to grant.The Claim is accompanied by a witness statement, and documents in support of the claim.
2.The Respondent filed a Statement of Defence dated 8th March 2023 which is composed mere denials.
3.The matter was canvassed by way of written submissions and hence there was no hearing.
4.In their submissions, the Claimants reiterated their statement of Claim and urged this court to enter judgement for the Claimant.
5.Respondents did not file submissions.
Analysis
6.This Tribunal has considered the pleadings of the parties, the submissions of the Claimant.
7.The question, that this Tribunal now asks itself is whether the Claimant has sufficiently proved his claim on a balance of probabilities and if he is entitled to a refund.
8.The Claimant has produced a statement bearing the Respondent’s stamp dated 31st January, 2022, and 11th March 2022. The Respondent has not disputed this statement, and this Tribunal is inclined to belief that it was extracted from the Claimant's account with the Respondent. The Claimant also produced a copy of a letter of withdrawal dated 5th April 2021 (sic) and stamped received by the Respondent and stamped 7th April 2022. The Respondent did not dispute any of those letters nor the validity of their purported stamps. The Respondent’s Defence is composed of mere denials with no triable issue. The Respondent did not file any document to accompany his Defence neither did it file any submissions. Therefore, we find that the Claimant’s Claim is uncontroverted.
9.In the Statement of Claim, the Claimant is claiming Kshs. 278,389/- this being an amount made of Total monthly deposits of Kshs. 256,389/- and Share capital deposits of Kshs. 20,000/-. This amount is substantiated by the statement filed by the Claimant. The Statement shows a share capital of Kshs. 20,000/- as at 4th February 2020, and a deposit of Kshs. 256,389/-. It is a trite rule of Co-operatives that share capital is non-refundable, therefore Kshs. 20,000/- is not refundable.
10.Flowing from above, we find merit in the Claimants Claim and order as follows-a.Immediate refund of Kshs. 256,389/- to the Claimantb.The Claimant is awarded costs of this suit together with interest from date of filing suit at Tribunal rates until payment in full.
JUDGMENT SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 29TH DAY OF APRIL, 2025.HON. B. KIMEMIA CHAIRPERSON SIGNED 29.4.2025HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 29.4.2025Hon. Beatrice Sawe Member Signed 29.4.2025Hon. Fridah Lotuiya Member Signed 29.4.2025Hon. Philip Gichuki Member Signed 29.4.2025Hon. Michael Chesikaw Member Signed 29.4.2025Tribunal Clerk JemimahOtenyo advocate for ClaimantNo appearance for RespondentHon. B. Kimemia Chairperson Signed 29.4.2025